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Brandon M.
Brandon M., Counselor at Law
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If the custodial parent loses their job, will my child support

Customer Question

If the custodial parent loses their job, will my child support increase?
Submitted: 6 years ago.
Category: Legal
Expert:  Brandon M. replied 6 years ago.

HiCustomer

 

the two biggest factors that a court takes into consideration when calcuating child support is (1) the respective income of the parties, and (2) the amount of the the child spends when each parent. I suspect that your previous attorney may have not communicated this clearly, but the reality is that if one parent is employed but loses her job, it could result in a child support increase. The silver lining, if there is any, is that she would most likely be required to look for work immediately if she sought modification to the support order. Sorry, but don't shoot the messenger.

 

If this was informative, please remember to click "accept" so I may receive credit for my personal time and effort. Thank you.

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 12 other Legal Specialists are ready to help you
Expert:  Brandon M. replied 6 years ago.
Incidentally, by federal law, all states are required to establish child support guidelines that take into account the respective incomes of the child's parents. In otherwords, if one parent is unemployed, a child support modification is up for grabs.
Customer: replied 6 years ago.
Florida is backwards though. when she was unemployed, the child support was only going to be $600. She got a job and the support went up to $1135
Customer: replied 6 years ago.
And with the 2 children, it is scary to think she could get even more. Especially since I am the sole provider. I am a service member and we are overseas, so jobs for spouses are hard to come by. I can understand that the support should not decrease because of subsequent children, but it should not increase either.
Expert:  Brandon M. replied 6 years ago.

Well, frankly, guideline support is suppose to create consistency, but it mostly creates stupidity. As I said, the two main factors are parental time and parental incomes, but there are plenty of other things that go into it and I can only imagine what happened in your case. I had one guy come to me in my practice last year looking for help where he was making about $2000/month gross ($1500 after taxes), but had been ordered to pay $1290/month in support for his two daughters that were with him 28% of the time. It was like "how do you expect him to feed his daughters when they are in his custody, let alone put a roof over any of their heads?" The legislatures need to return discretion to the judges, in this attorney's opinion.

Expert:  Brandon M. replied 6 years ago.
.
Customer: replied 6 years ago.

Sorry to keep bothering you and this is my last reply I promise, but do you think that since there are 2 other children to consider and no other financial provider, they would deny it?

But you are right, that family law is crap.

Expert:  Brandon M. replied 6 years ago.
Well, her losing her job obviously wouldn't help the situation, but the fact that there are 2 other children in the mix will certainly be a mitigating factor.

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